ADDITIONAL CASESIn the Matter of the Application of James Ramsey for a Declaration of Death of Theodore Blumin Ramsey, A Person Alleged to Be Deceased; 2018-495DECISION In separate proceedings decided here together, the father of Phineas Blumin Ramsey and Theodore Blumin Ramsey has petitioned for a declaration of their deaths and asks that both their deaths be determined as of May 15, 2017, after exposure to a specific peril.Petitioner has submitted substantial evidence that the children, ages 4 and 3, perished tragically in a crash of the private plane in which they were traveling with their mother from Puerto Rico to New York, with a planned stop for refueling in Florida. In a separate decision of even date, the court has declared the death of the children’s mother, Jennifer Blumin, as of May 15, 2017.An affidavit from an employee at the departure airport establishes that the children were seen with their mother in the airport lounge prior to the plane’s departure on May 15, 2017; an affidavit from a USDA employee establishes that the children were on the plane with their mother and the pilot when the employee boarded for an inspection and that they remained on the plane for takeoff after he deboarded.An information log based on data from global air traffic control centers shows that transmission of flight data ceased approximately two-and-one-half hours into the flight, after recording a descent of 100 feet from what had been a steady cruising altitude. A report of the National Transportation Safety Board confirms that radar and voice communications were lost at that point while the aircraft was off the coast of Eleuthera, Bahamas. The plane did not land in Florida as scheduled and had been reported as overdue.According to a report of the United States Coast Guard, an intensive search ensued, lasting over a period of seventy-five hours, in which debris “associated with the aircraft” was recovered in a fuel sheen in the area of the plane’s last known position. Although no human remains were recovered, the report concludes that the aircraft was destroyed and that all persons aboard had died in the crash.Affidavits from the children’s maternal grandmother and grandfather and from the petitioner establish that people with whom their mother had frequent, if not daily, contact had not seen or heard from her or the children since May 15, 2017, and that she was not under any social, financial, personal, or professional pressure that might have prompted her to abscond. A guardian ad litem was appointed for each child, and the report of each confirms these accounts after interviews with the affiants.The relevant statutory provisions are EPTL 2-1.7 (a) and (b), which provide:“(a) A person who is absent for a continuous period of three years, during which, after diligent search, he or she has not been seen or heard of or from, and whose absence is not satisfactorily explained shall be presumed, in any action or proceeding involving any property of such person, contractual or property rights contingent upon his or her death or the administration of his or her estate, to have died three years after the date such unexplained absence commenced, or on such earlier date as clear and convincing evidence establishes is the most probable date of death. “(b) The fact that such person was exposed to a specific peril of death may be a sufficient basis for determining at any time after such exposure that he or she died less than three years after the date his or her absence commenced.”The evidence in this case is more than sufficient to apply the statutory presumption of death by exposure to a specific peril (see Matter of Benedek, NYLJ, Jul. 25, 2005 at 26, col 5 [Sur Ct, Westchester County]; Matter of Lafuente, 191 Misc 2d 577 [Sur Ct, Dutchess County 2002]). There is ample proof of a diligent search, both as detailed in the Coast Guard report and from the investigation made by petitioner and the interviews conducted by the guardians ad litem, whose reports are thorough and comprehensive.The detailed evidence submitted is wholly consistent and raises no issues of fact that would require a hearing (see Matter of Tangorra, 2016 NY Slip Op 30742[U] [Sur Ct, Nassau County]; Matter of Benedek, NYLJ, Jul. 25, 2005 at 26, col 5), and neither guardian ad litem has requested one. The court accordingly grants each petition and declares the death of each of the children as of May 15, 2017. It is noted that both guardians ad litem concur in this result.Settle decree in each proceeding.Dated: December 21, 2018
